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Amend CSHB 2238 (Senate committee printing) by adding the
following appropriately numbered SECTIONS and renumbering the
subsequent SECTIONS accordingly:
SECTION ___. Section 411.042, Government Code, is amended
by amending Subsections (b) and (g) and adding Subsection (h) to
read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including a statistical breakdown of
those offenses in which family violence was involved;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense; [and]
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
(G) the date the order expires; and
(7) grant access to criminal history record
information in the manner authorized under Subchapter F.
(g) The department may adopt reasonable rules under this
section relating to:
(1) law enforcement information systems maintained by
the department;
(2) the collection, maintenance, and correction of
records;
(3) reports of criminal history information submitted
to the department; [and]
(4) active protective orders issued under Chapter 71,
Family Code, and reporting procedures that ensure that information
relating to the issuance of an active protective order and to the
dismissal of an active protective order is reported to the local law
enforcement agency at the time of the order's issuance or dismissal
and entered by the local law enforcement agency in the state's law
enforcement information system; and
(5) a system for providing criminal history record
information through the criminal history clearinghouse under
Section 411.0845.
(h) The department may contract with private vendors as
necessary in implementing this section.
SECTION ___. Subsection (i), Section 411.081, Government
Code, is amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
to the following noncriminal justice agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical [State] Board [of Medical
Examiners];
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Youth Commission;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Board of Nurse Examiners;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking
commissioner, the savings and loan commissioner, or the credit
union commissioner;
(20) the Texas State Board of Public Accountancy;
(21) the Texas Department of Licensing and Regulation;
(22) the Health and Human Services Commission; [and]
(23) the Department of Aging and Disability Services;
and
(24) the Texas Education Agency.
SECTION ___. Subsections (b) and (c), Section 411.083,
Government Code, are amended to read as follows:
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations, and is approved by the department;
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; and
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated;
(6) an individual or an agency that has a specific
agreement with a noncriminal justice agency to provide services
related to the use of criminal history record information
disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; and
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated;
(7) a county or district clerk's office; and
(8) [(7)] the Office of Court Administration of the
Texas Judicial System.
(c) The department may disseminate criminal history record
information under Subsection (b)(1) only for a criminal justice
purpose. The department may disseminate criminal history record
information under Subsection (b)(2) only for a purpose specified in
the statute or order. The department may disseminate criminal
history record information under Subsection (b)(4), (5), or (6) [or
(b)(5)] only for a purpose approved by the department and only under
rules adopted by the department. The department may disseminate
criminal history record information under Subsection (b)(7)
[(b)(6)] only to the extent necessary for a county or district clerk
to perform a duty imposed by law to collect and report criminal
court disposition information. Criminal history record
information disseminated to a clerk under Subsection (b)(7)
[(b)(6)] may be used by the clerk only to ensure that information
reported by the clerk to the department is accurate and complete.
The dissemination of information to a clerk under Subsection (b)(7)
[(b)(6)] does not affect the authority of the clerk to disclose or
use information submitted by the clerk to the department. The
department may disseminate criminal history record information
under Subsection (b)(8) [(b)(7)] only to the extent necessary for
the office of court administration to perform a duty imposed by law
to compile court statistics or prepare reports. The office of court
administration may disclose criminal history record information
obtained from the department under Subsection (b)(8) [(b)(7)] in a
statistic compiled by the office or a report prepared by the office,
but only in a manner that does not identify the person who is the
subject of the information.
SECTION ___. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0845 to read as follows:
Sec. 411.0845. CRIMINAL HISTORY CLEARINGHOUSE. (a) The
department shall establish an electronic clearinghouse and
subscription service to provide criminal history record
information to a particular person entitled to receive criminal
history record information and updates to a particular record to
which the person has subscribed under this subchapter.
(b) On receiving a request for criminal history record
information from a person entitled to such information under this
subchapter, the department shall provide through the electronic
clearinghouse:
(1) the criminal history record information reported
to the department or the Federal Bureau of Investigation relating
to the individual who is the subject of the request; or
(2) a statement that the individual who is the subject
of the request does not have any criminal history record
information reported to the department or the Federal Bureau of
Investigation.
(c) If the department provides information received from
the Federal Bureau of Investigation, the department must include
with the information the date the department received information
from the Federal Bureau of Investigation.
(d) The department shall ensure that the information
described by Subsection (b) is provided only to a person otherwise
entitled to obtain criminal history record information under this
subchapter. Information collected under this section is
confidential and is not subject to disclosure under Chapter 552.
(e) A person entitled to receive criminal history record
information under this section must provide the department with the
following information regarding the person who is the subject of
the criminal history record information requested:
(1) the person's full name, date of birth, sex, Texas
driver's license number or personal identification certificate
number, and social security number;
(2) a recent electronic digital image photograph of
the person and a complete set of the person's fingerprints as
required by the department; and
(3) any other information required by the department.
(f) The department shall maintain an Internet website for
the administration of the clearinghouse and an electronic
subscription service to provide notice of updates to a particular
criminal history record to each person entitled under this
subchapter to receive criminal history record information updates
to that particular record. The department shall update
clearinghouse records as a result of any change in information
discovered by the department. Within 48 hours after the department
becomes aware that a person's criminal history record information
in a clearinghouse record has changed, the department shall provide
notice of the updated information only to each subscriber to that
specific record.
(g) As soon as practicable, a subscriber who is no longer
entitled to receive criminal history record information relating to
a particular person shall notify the department. The department
shall cancel the person's subscription to that record and may not
notify the former subscriber of any updated information to that
record.
(h) A person who is the subject of the criminal history
record information requested under this section must consent to the
release of the information.
(i) The release under this section of any criminal history
record information maintained by the Federal Bureau of
Investigation is subject to federal law and regulations, federal
executive orders, and federal policy.
(j) The department may charge a fee for subscription
services to cover the costs of administering this section.
(k) A governmental agency may coordinate with the
department regarding the collection of a fee for the criminal
history record information through the fingerprinting fee
collection process.
SECTION ___. Section 411.087, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The department may provide access to state and national
criminal history record information to nongovernmental entities
entitled to that information under 42 U.S.C. Section 5119a. The
department must follow federal law and regulation, federal
executive orders, and federal policy in releasing information under
this subsection.
SECTION ___. Section 411.090, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The department shall notify the State Board for Educator
Certification of the arrest of any educator, as defined by Section
5.001, Education Code, who has fingerprints on file with the
department.
SECTION ___. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0901 to read as follows:
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY. The Texas Education Agency
is entitled to obtain criminal history record information
maintained by the department about a person who:
(1) is employed or is an applicant for employment by a
school district or open-enrollment charter school;
(2) is employed or is an applicant for employment by a
shared services arrangement, if the employee's or applicant's
duties are or will be performed on school property or at another
location where students are regularly present; or
(3) is employed or is an applicant for employment by an
entity that contracts with a school district, open-enrollment
charter school, or shared services arrangement if:
(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
(B) the employee or applicant has or will have
direct contact with students.
SECTION ___. The heading to Section 411.097, Government
Code, is amended to read as follows:
Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: LOCAL AND REGIONAL EDUCATIONAL ENTITIES [SCHOOL
DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION
SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION
SHARED SERVICES ARRANGEMENT].
SECTION ___. Subsection (b), Section 411.097, Government
Code, is amended to read as follows:
(b) A school district, charter school, private school,
regional education service center, or education shared services
arrangement is entitled to obtain from the department[, no more
than twice each year,] criminal history record information
maintained by the department that the district, school, service
center, or shared services arrangement is required or authorized to
obtain under Subchapter C, Chapter 22, Education Code, that relates
to a person who is a volunteer or employee of the district, school,
service center, or shared services arrangement.
SECTION ___. Section 730.007, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) Personal information obtained by an agency under
Section 411.0845, Government Code, in connection with a motor
vehicle record may be disclosed as provided by that section.
SECTION ___. As soon as practicable after the effective
date of this Act, the Department of Public Safety of the State of
Texas shall establish a criminal history clearinghouse as required
by Section 411.0845, Government Code, as added by this Act.